Norton v. Bitarus et al
| Mark Norton |
| Antane Isaac Bitarus and The H.T. Hackney Co., Inc. |
| 2:2023cv00016 |
| January 27, 2023 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 ANSWER to #4 Amended Complaint by Antane Isaac Bitarus.(Peacocke, Lee) |
| Filing 7 SUMMONS Returned Executed by Mark Norton. Antane Isaac Bitarus served on 3/6/2023, answer due 3/27/2023. (Smith, Vardaman) |
| DOCKET ANNOTATION as to #6 : Attorney is advised to include the correct judge assignment HSO-BWR on future filed pleadings. (LDR) |
| Filing 6 ANSWER to #4 Amended Complaint by The H.T. Hackney Co., Inc..(Peacocke, Lee) |
| Filing 5 Summons Reissued as to Antane Isaac Bitarus, The H.T. Hackney Co., Inc.. (LDR) |
| Filing 4 AMENDED COMPLAINT against Antane Isaac Bitarus, The H.T. Hackney Co., Inc., filed by Mark Norton.(Smith, Vardaman) |
| Filing 3 SUMMONS Returned Executed by Mark Norton. The H.T. Hackney Co., Inc. served on 2/1/2023, answer due 2/22/2023. (Smith, Vardaman) |
TEXT ONLY ORDER requiring Plaintiff Mark Norton to file an Amended Complaint on or before February 10, 2023, to establish federal subject-matter jurisdiction. Plaintiff filed the Complaint #1 in this Court based upon diversity jurisdiction pursuant to 28 U.S.C. 1332. While the Complaint #1 alleges that "the Plaintiff... is a Mississippi resident who resides in Lamar County, Mississippi," it does not specifically allege his citizenship. Compl. #1 at 1; see MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019) (explaining the difference between residency and citizenship for purposes of federal diversity jurisdiction and noting that for individuals, "an allegation of residency alone does not satisfy the requirement of an allegation of citizenship") (internal quotations and citations omitted). Moreover, while the Complaint #1 alleges that "the Defendant The H.T. Hackney Co., Inc. is a foreign corporation with its principal place of business in Knoxville, Tennessee," Plaintiff does not specifically allege Defendant The Hackney Co., Inc.'s place of incorporation. Compl. #1 at 1; see Ill. C. G. R. Co. v. Pargas, Inc., 706 F.2d 633, 637 (5th Cir. 1983) ("[A] complaint properly asserting diversity jurisdiction must state both the state of incorporation and the principal place of business of all corporate parties.") (original emphasis). If Plaintiff does not file an Amended Complaint by February 10, 2023, that adequately addresses the parties' citizenship, this action will be subject to dismissal for lack of subject-matter jurisdiction. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 1/30/2023. (sa)
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| Filing 2 Summons Issued as to Antane Isaac Bitarus, The H.T. Hackney Co., Inc.. (LDR) |
| Filing 1 COMPLAINT against Antane Isaac Bitarus, The H.T. Hackney Co., Inc. ( Filing fee $ 402 receipt number AMSSDC-5032783), filed by Mark Norton. (Attachments: #1 Civil Cover Sheet)(LDR) |
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